TOMLIN: Nickij v Natwest/Irwin Mitchell - SORTED !

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

Claim served on 12th so defence in by 9th September.

not heard anything from Irwin Mitchell or natwest yet then ?

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

No nothing yet I'm afraid.

Not sure how this will affect things, I am going away to see my parents on the 12th September and return on the 17th September, however I can probably access the internet from there, thought I should let you know and see if this affects things in anyway?

Payplan are investigating my complaints by the way with regards to the way they deal with creditors accounts and when they are taken over by a debt recovery agent or such like, which is something.

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

should be okay, however middle of the time you are away I'd give the court a buzz to check they have got your defence and let them know you won't pick up any post till the 18th.

Do you want to sort your defence tomorrow or wait until Monday ?

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Hi Ame, I am so sorry I have been so busy at work and other money stuff this went completely out of my head for a few days.............still heard nothing from Irwin or Natwest.

I haven't done a defence, have I missed something along the way, sorry, I have never done this before and haven't got a clue what I am doing, how do I draw up my defence?

There is no telephone number for the court on the court papers, I guess I just search for that online somewhere.

Thanks

Nicki

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

Okay, we'll do the original defence from your original thread. you should fit this on MCOL will get it for you.

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

This one

Defence
1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.


2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

3. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

5. The Defendant has asked the Claimant for further information and has not received any response.

6. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

7.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

If it doesn't fit on MCOL then take it to the court (or post SD) with the defense form from the original document pack.

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Ok will attempt to put this on defence online. Will let you know how I go.

Thanks

Nicki
------------------------------- merged -------------------------------
Ok I have got onto MCOL and its asking me for dispute details, do I put in there that I have paid through Paypal to Natwest from July 2008 monthly £136 per month? Or do I leave the dispute page blank? I have disputed the full amount.

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

God its ages since I have been on MCOL

I'm not sure, leave it blank and see if theres a defence bit, but yes you have done right saying you dispute entire debt

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Ok I have winged it, just hope its ok, fingers crossed.

Thanks and will keep you posted.

Nicki x

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

have a look at WendyB's bryan carter thread if you get chance, shes been through thsi, and won, twice now.

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Hey chick!

Came home from France and there was a letter from the Court saying the following:

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inofrm you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

This sounds fairly positive or am I counting my chickens before they are hatched, do I just sit and wait for the next round?

I will check out WendyB's bryan carter thread, thanks for that!

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

Exactly what you wanted. just twiddle thumbs until Bryan Carter gets in touch with the court, he may contact you, if so keep everything in writing and come back here and post anything up before responding.

he'll probably back off

Well done honey xxxx

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Irwin Mitchell hun, but I can understand the mix up hahaha LOL!

Cool beans, will do.

Very weird too, part of my financial hardship bank charges claim, one of them was my current bank halifax, they did this whole money matters interview over the phone and since that they have actually made an offer, pathetic but still an offer. All the banks should do the same I think! Going to accept as partical settlement and wait for the OFT case thingy.

Thanks

x x

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

Sorry lol xx must drink more coffeeeeeeeeeeeeeee :kiss:

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

One week/7 days to go until the 28 day deadline is up, still twiddling my thumbs! Hope all is well with you Ame, I see you are very optomistic about the outcome of the OFT test case LOL! I guess we will just have to wait and see, gutted about the guessed 6 more flammin months to wait though, never mind.